DINESH CHANDRA DUBE vs R.K. VARMA

THIS Miscellaneous Petition arises out of an order passed by the President, District Consumer Disputes Redressal Forum, Rewa on 3.1.1994.

THE Complainant filed a complaint before the District Consumer Disputes Redressal Forum at Rewa. Without following the procedure prescribed by Section 13 of the Consumer Protection Act, 1986, hereinafter referred to as the Act and the rules framed there under, instead of convening a meeting of the Forum for hearing the complaint, the President himself chose to hear the learned Counsel for the Complainant and pass an order that as the Complainant was serving as Additional District Judge at Rewa, an official subordinate to him, it would be proper if the complaint was transferred to another District Forum for disposal. THE President, accordingly has referred the matter to the State Commission for passing appropriate orders. We have perused the record of the case. We regret to note that the learned President of the District Forum has ignored the provisions of Section 13 and Section 14(2) of the Act and the rules framed under the Act. On receipt of a complaint, the District Forum consisting of the President and the Members, has to follow the procedure prescribed by Section 13 of the Act and pass appropriate orders. Rule 4(2) of the M.P. Consumer Protection Rules, 1987 lays down that sitting of the District Forum, as and when necessary shall be convened by the President. Thereafter the District Forum and not the President alone has to dispose of the complaint. However, in the instant case, instead of convening a meeting of the Forum for hearing the complaint by the President and the Members of the Fourm, the President thought it fit to hear the matter himself and pass orders. Moreover, the fact that Complainant happens to be an Additional District Judge posted Rewa cannot be a ground for not disposing of the complaint in accordance with law. In any event this question has to be decided by the District Forum and not by the President alone.

It seems that after the record was sent by the District Forum to the State Commission, the Complainant submitted an application before the State Commission that it should be transferred to Gwalior where his son was practising as a Lawyer. We should have thought that the provisions of the Act were clear about the place where a complaint could be instituted and heard. In any event, it is for the District Forum to consider whether it has got jurisdiction to hear the complaint and whether there is any provision in the Act and the Rules for transferring the complaint to another District Forum for disposal. We refrain from expression any opinion in that behalf at this stage. We accordingly direct that the record be sent hack to the District Consumer Disputes Redresal Forum, Rewa where the matter should be heard by the District Forum and disposed of in accordance with law, as expeditiously as possible. Records sent back.